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Questions Answered by Michael Hales
1 Answer | Asked in Contracts for Virginia on
Q: Are maryland residents required to take a tour of a timeshare if u are offered a free saty at the resort?
Michael Hales
Michael Hales answered on Nov 18, 2019

I don't know if Maryland law requires this, but these transactions are usually governed by the law where the sale takes place. For example, if you purchase a timeshare in Florida, you're not required to take a tour of the resort. However, the state of your residence may dictate that the purchase... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: I need to get out of time share contact, they haven't keep the stipulations on the contract. What kind of lawyer I need?

The company's name is Welk's resort.

Michael Hales
Michael Hales answered on Oct 30, 2019

I'm sorry that you're in this position. From what you've stated, it sounds like the timeshare company has breached some of their obligations under the contract. I would definitely recommend speaking with an attorney familiar with timeshares. If you and your attorney need any information, please... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can someone help me get out of a Wyndham timeshare that I signed up for May 24th 2019

After I made this huge error of signing up for this I realized 14 days later I financially cannot afford it, I have called the attorney general, the BBB and had a lawyer send them a letter because they basically told me it's my fault and I'm stuck with it, they refused to speak with my attorney,... Read more »

Michael Hales
Michael Hales answered on Oct 30, 2019

I have some clients in a similar situation. They hired me because I'm a Florida attorney, but Wyndham is doing this same thing with everyone. You may be able dispute the negative credit reporting, but that's something you'll want to discuss with your attorney. If you and your attorney want to chat... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: I own a Florida timeshare. The owner filed a non-judicial foreclosure demanding payment of assessments owed.

If sold pursuant to foreclosure can they keep entire proceeds even if it exceeds amount owed to Timeshare Company. I called and was told that I lose ownership in this foreclosure.

Michael Hales
Michael Hales answered on Oct 14, 2019

This may be true. To work through this, I'd have to review the terms of your purchase agreement.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Can I cancel a timeshare I just signed up for?

I was in Akumal, Mexico 2 weeks ago and signed up for a timeshare. I got a great deal and it's not that I can't afford it but after thinking about everything for 2 weeks I'd rather do something else with my money. They mentioned something about not being able to cancel it but there has to be... Read more »

Michael Hales
Michael Hales answered on Oct 10, 2019

Timeshares in Mexico give you a 50-day rescission period, so you're likely too late to use that route. You may still be able to get out of the contract, but you no longer have the easiest route to a refund/cancellation. When I've helped clients in similar situations, some have mentioned facts that... Read more »

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: Is it required that a timeshare mortgage disclose on its face the name of the attorney who prepared the mortgage?
Michael Hales
Michael Hales answered on Aug 13, 2019

I don't believe it is; I've seen a number of SC deeds and don't remember seeing names of attorneys that prepared them). I'm curious why you have this question. Are you looking to void your purchase? If so, you're likely outside the rescission period, but may have other options.

1 Answer | Asked in Real Estate Law on
Q: If I write a check and write on it that if its cashed their accepting my request for deedback, is that legally binding

I am sending a request for deedback to my timeshare resort. i even printed out a form called the quit claim deed for Florida and signed it. Not sure if that is the same form they use, but i know they require a fee of 250 dollars to accept a title transfer. I am hoping that if I write on it the... Read more »

Michael Hales
Michael Hales answered on Aug 13, 2019

Whether it will hold up in court depends on a number of factors, but I'm guessing that you really don't want to go to court to have to argue that it was a binding agreement. In the alternative, I'd recommending working it out with the resort on the front end to avoid penalties or costs later. When... Read more »

2 Answers | Asked in Banking and Contracts for Tennessee on
Q: How do I get compensated for Timeshare fraud? I have a team calling me saying that they can get my money back if I pay t

I am a victim of Time Share Resale fraud. I reported it to the state of FL. Now some 3 or 4 yrs later I now have a company named Consult and Recover saying that I have been approved for slot 63 of 65 for a payout since the Fraudulent people have been caught. The money is in an offshore account and... Read more »

Michael Hales
Michael Hales answered on Aug 19, 2019

I came across you question because I have client that was scammed in a similar way. Because it's such a common scam, I wrote an article about it that you may find helpful. You can find it here: https://targheelaw.com/article

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1 Answer | Asked in Real Estate Law for California on
Q: Should I deed-back my timeshare deed to terminate my responsibility in maintenance fees to the company?

I live in California. The timeshare property is in Texas, Inverness by the Sea, Galveston, Tx. Their company voted to terminate the timeshare property to sell. They want me to deed-back my interest (for $0) or pay a huge maintenance fee. If I don't, they are going to foreclose on the property... Read more »

Michael Hales
Michael Hales answered on Jul 1, 2019

This is the type of thing my partner (Texas bar) reviews fairly regularly. Typically, you want to review it to ensure that the agreement eliminates all ownership and liability. I wrote an article about this a couple years back that you can review here: https://skidmorehales.com/article

Let...
Read more »

1 Answer | Asked in Consumer Law for South Dakota on
Q: Bought a timeshare from a realtor. Just wondering how long does the law allow for it to be transferred to me.

Realtor is in Florida and the closing company is in Arizona.

Michael Hales
Michael Hales answered on Jun 27, 2019

This is an interesting question and I feel like I need a lot more information to really answer. To be honest, this sounds like a very typical scam that I deal with all too often. If you have questions about this transaction and want to discuss, I'd be happy to. You can also access an article I... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Iowa on
Q: I own a timeshare in Mass and paid my maintenance fee late. They are refusing my payment (check).

I did not find any emails from them until I looked at my spam so it looked like I was avoiding them. I informed them by email that I was waiting for my tax return because I saw that there was a one-time Maintenance increase for an owner agreed on repairs. I have asked them to work with me but... Read more »

Michael Hales
Michael Hales answered on Jun 5, 2019

If they never sent you paper bills, you may have an argument that they did not give you notice. If that does not work, you may have an attorney negotiate with the collection agency. Most timeshare companies use the same collection companies. I've found that they'll typically negotiate on the fee... Read more »

1 Answer | Asked in Contracts for Arizona on
Q: What paperwork do I need to fill out to remove my children's names from an Arizona timeshare
Michael Hales
Michael Hales answered on Jun 4, 2019

Assuming that the timeshare is paid in full, the resort will allow you to remove the names of other co-signers. Contact the owner services (or similar) department to get the process started. You may want to contact an attorney with experience in timeshares if you have additional questions or want a... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I put in my sole name a timeshare that is deeded jointly between me and my father, who passed away?

I have been paying taxes and maintenance fees for the last 14 years. He passed overseas and the timeshare was not included in the estate, so the inheritors just granted me the timeshare verbally. Can this issue be resolved. Thank you.

Michael Hales
Michael Hales answered on Jun 3, 2019

This should not be a problem. If you contact the timeshare's member services department, they will be able to get you the paperwork you'll need to update their records. Depending on how it was deeded, you may not even need to complete any paperwork. You may want an attorney to review your paperwork.

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on
Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales
Michael Hales answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Business Law and Copyright for Idaho on
Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?
Michael Hales
Michael Hales answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

1 Answer | Asked in Consumer Law for Idaho on
Q: I bought a laptop from facebook, they advertised that it had 16 gigs of RAM when it only had 4.

Do i have any legal repercussion? I have tried to talk to them in facebook but they have blocked both me and my husband after selling it to us.

Michael Hales
Michael Hales answered on Mar 28, 2019

You might want to bring a small claims action against them if it's worth the time.

1 Answer | Asked in Real Estate Law on
Q: I have 2 years left on a Mexican time share with an annual maintenance fee of $ 575.00 US and I stop paying it ?

I live in Canada . What can happen - if anything ?

Michael Hales
Michael Hales answered on Mar 27, 2019

I've seen a few timeshare companies in Mexico get aggressive when it comes to past-due maintenance fees. The typical method is to hire a collection agency and report the delinquency to the credit bureaus. I wrote a bit about this recently and you can access my article here:... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Do we have any days in which to cancel a contract for a timeshare, signed yesterday in the state of Virginia.
Michael Hales
Michael Hales answered on Mar 26, 2019

Yes, I believe you have 7 days to cancel a timeshare signed in Virginia. Check your contract for exactly how to cancel and make sure you follow the procedure exactly. Speak with an attorney if you have any questions.

1 Answer | Asked in Real Estate Law on
Q: We are Canadian selling our timeshare to Mexican travel agent. Do we send initial notary costs to Profeco as advised?

We were informed from the travel agents ( in Mexico) attorney at law (Detroit, Michigan) that we are to pay for the initial notary cost and send the funds to Profeco. They say this is to be done to prove to both government agencies that this is a valid transaction. Is this the proper procedure? In... Read more »

Michael Hales
Michael Hales answered on Mar 18, 2019

Goodness no! This is a common scam to have you wire money. No such requirements exist to transfer a timeshare in Mexico. Once you send it, the money is gone and you probably won't be able to get anything back. I wrote an article about these types of scams a while back that you can access here:... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: Can a Timeshare Association rent a unit in foreclosure process? If so does the rental $ go to association or owner?

Timeshare in Panama City Beach Florida

Michael Hales
Michael Hales answered on Mar 18, 2019

In Florida, the answer is yes. Under most association bylaws, the revenue generated from the sale will likely go to the homeowners' association. Let me know if you have any follow up questions.

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